December 2023

Fellows:

Pat and I hope that you all had a pleasant and memorable Thanksgiving holiday. It always has been my favorite holiday and I am sorry to have missed remarking on Canadian Thanksgiving, which occurs on the second Monday of October and has been celebrated since 1879. This leads me to wonder whether our Canadian colleagues also “celebrate” Black Friday, Cyber Monday and Giving Tuesday – and when. Speaking of giving, soon you will be receiving a request to remember our Foundations as you plan your annual charitable contributions. Both Foundations do great work providing access to justice to those who need it most, and the grants they make (including the prestigious Emil Gumpert Award) help set the College apart.

Pat and I recently finished a rigorous four-day round of travels to Birmingham (Alabama), Missoula (Montana), and Chicago – where I was able to observe a portion of our third Diversity Trial Advocacy Program. In Birmingham, we visited with Past President Sam Franklin and his wife Betty, and it was a real treat during the Alabama Fellows Dinner to catch up with Past President Warren Lightfoot and his wife, Robbie. Warren was President Elect when I was inducted into the College in 2002, and it was great to chat with him and Robbie. Warren’s second career as a renowned sculptor should be an inspiration to all.

We greatly enjoyed our visit to the Birmingham Civil Rights Institute, the 16th Street Baptist Church, and the Southern Negro Leagues Museum. And at my insistence we also traveled a few miles to Rickwood Field, former home of the Birmingham Black Barons, where 16-year-old Willie Mays made his professional debut in 1947. Rickwood is America’s oldest surviving professional ballpark, having been built in 1910, two years before Fenway and four years before Wrigley. There is a trivia question to be shared. 

In Chicago, Tom Heiden and his distinguished faculty (including Past Presidents Bart Dalton and Doug Young) put on another successful three-day trial training program for a group of young, diverse lawyers from around the country. [see pic, above] It was remarkable to observe how well these enthusiastic advocates performed after observing a series of lectures and small group sessions conducted by an All-Star faculty. Kudos to Tom and his team for another successful program.



A few days ago, you received your invitations to the Spring Meeting in Phoenix. President-Elect Rick Deane has arranged for a tremendous program, and springtime in Arizona also means Cactus League baseball. We hope to have an incredible turnout at the fabulous and newly remodeled Arizona Biltmore, February 29 to March 3, and we look forward to seeing you there. 

William J. Murphy

ACTL President

Registration is now open for the 2024 Spring Meeting in Phoenix, Arizona. President-Elect Richard H. Deane, Jr. has prepared an outstanding program of prominent speakers addressing a diverse range of topics. This spring, immerse yourself in the beauty of Arizona with unique local tours and activities, fabulous evening events and warm, desert sunshine. Click here to register online. 

As the College continues its strategic planning project, the next phase is a survey of all Fellows of the College. The survey link will be emailed to you on Monday, December 4, by our consulting partner, McKinley Advisors. Please take a few minutes to provide your unique and valuable insight. The results of the survey will be critical in helping the Board of Regents develop the College’s plans for the coming years.

The 2024 College roster will be mailed in early January to your preferred address. Due to the rising cost of printing, supply chain challenges and a necessary change in publisher, you may notice subtle changes to this year’s roster. Most notably, an important formatting change has reduced the overall page count. While you may notice there are fewer pages, the names and information included in the roster have not changed. Should you have any questions related to the roster, please contact Geri Frankenstein, Sr. Manager, Membership.

Despite presumptive virtualization of proceedings, hearings may be in person or hybrid where good cause is shown. This document, created by the Advocacy in the 21^st Century Committee, links to some resources that might be useful when advocating for the most effective mode of proceeding, highlighting considerations and mitigation strategies.

President-Elect Richard H. Deane, Jr. was the recipient of the 2023 Lifetime Achievement Award in Atlanta Business Chronicle's Diversity, Equity and Inclusion Awards. To read more, click here.

Fellow W. Neil Eggleston was featured in ALM Law as a Lifetime Achievement Honoree in the December 2023/January 2024 issue. To read the accompanying article, click here.

Fellow Jerry Glas has written a book published by the ABA, titled The New Science of Trial Advocacy. For more information, click here.

Fellow Raymond Wagner, KC, received the 2023 Distinguished Service Award from the Nova Scotia Barristers’ Society. Established in 1999, the Distinguished Service Award is presented to a member who has made significant contributions to their community, the legal profession, and the Society. To read more, click here.

State and Province Committees

Arizona: The annual Jenckes Competition was held on Friday, November 17. This annual competition is a long-running closing argument competition between the University of Arizona (UA) and Arizona State University (ASU) law schools, created by the Arizona Fellows. Not only is the Jenckes Competition one of the longest running and most respected efforts by local Fellows to promote advocacy in their respective law schools, but the event also saw the announcement of the groundbreaking on the new courtrooms at the University of Arizona, made possible by the generosity of many of the Fellows in attendance. Special recognition was given to Los Angeles Fellow Kevin Boyle, a UA alum, whose $1 million pledge was instrumental in getting the fundraising campaign off the ground. UA Dean Marc Miller, President Bobby Robbins and Fellow Ted Schmidt spoke at the event, which included additional attendees President Murphy, Regent Donna Melby and Former Regent Peter Akmajian.



North Carolina: On November 1, Fellows from the North Carolina Chapter (NC ACTL) traveled to the Friday Center in Chapel Hill, NC to assist Legal Aid of North Carolina (LANC) through trial skills presentations at its Statewide Summit. This was the 19^th year in a row that the NC ACTL has done this in conjunction with its partnership with LANC. Fellow Mark Holt organized this year’s effort, and he, Fellow Carlos Mahoney and Fellow David Wright spoke to the gathering of several hundred LANC attorneys and staff.

LANC provides legal services to those who cannot afford them in all 100 counties in NC. LANC is actually the third largest law firm in NC and served over 55,000 clients last year alone. Services that LANC (and its affiliate organizations and pro bono volunteers) provide include, for example, representation in domestic violence matters, eviction proceedings, services through its Innovation Lab and expunction assistance. 

The relationship between the NC ACTL and LANC began in November of 2004, when Fellows Eddie Speas and Reid Phillips reached out to LANC to see how the College could help support their efforts. It was decided that NC ACTL would provide valuable training seminar presentations on subjects like opening and closing statements, admitting evidence, cross-examination, and professionalism. Many Fellows over the years have participated and led this effort. State Chair James F. Wyatt III was thrilled to accept on ACTL’s behalf the LANC’s first HERO Award at this year’s seminar in recognition of the services provided by NC ACTL members over the past 19 years.

As stated by Fellow Mark Holt who organized this year’s presentations: “Over two million people in North Carolina live in poverty and rely on Legal Aid attorneys for protection of their rights in civil legal matters. It’s an honor for our ACTL Fellows to be invited each year to teach trial skills to these courageous attorneys who provide access to justice to those most in need in our state.”

“It is an honor for us at the NC ACTL to help empower the attorneys at LANC who share the common mission with us of enforcing the rule of law and leveling the playing field for all involved in our legal system,” said State Chair Wyatt.

The College recognizes extraordinary individuals and their important contributions to the law through the awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to nationaloffice@actl.com or directly to the committee chair indicated below.

Beverley McLachlin Access to Justice Award

The Award, named for The Honourable Beverley McLachlin, former Chief Justice of the Supreme Court of Canada, is to be awarded to a judge or a member of the bar in the United States or Canada, whether or not a Fellow of the College, who has played an exceptional role in creating and promoting access to justice. The Award will recognize innovative measures or extraordinary personal commitment and professional dedication which have enhanced access to justice in the United States or Canada. To view the list of previous recipients, click here.

Chair: Pasquale Santini

Washington Fellows Dinner, Seattle: October 26, 2023

President Murphy attended the Washington Fellows Annual Dinner at the Rainier Club in Seattle. Twenty-four Fellows attended the dinner, hosted and organized by State Chair Malaika Eaton. State Chair Eaton spoke about her attendance at the Leadership Workshop and discussed how Fellows can become more active in the College. President Murphy spoke about the need for increased Fellowship, particularly increasing the ranks of more diverse and younger trial attorneys. Recently deceased Fellows were also remembered by the State Chair. Following dinner, President Murphy had the pleasure of speaking extensively with U.S. District Judge and Judicial Fellow James R. Robart, who struck down the original “Muslim Ban” imposed by former President Trump. Judge Robart remains grateful to the College for the quick response condemning numerous attacks upon the independence of the judiciary.

Nebraska Annual Fellows Dinner, Lincoln: October 27, 2023



President Murphy and Former Regent Greg Lederer attended the Nebraska Fellows Annual Dinner at the Hillcrest Country Club, organized by Immediate Past State Chair Susan Sapp. Despite the significant traffic posed by over 10,000 University of Nebraska Women’s Volleyball fans attending another win that night, more than twenty-five Fellows from across Nebraska attended the dinner. State Chair Tim Engler served as the Master of Ceremonies, and introduced President Murphy, who spoke about the College’s strategic planning project, the Just The Beginning program, and the College’s partnership with the National Constitution Center. Following dinner, Fellows and guests offered remembrances of Nebraska Fellows who had recently passed away. The next morning, President Murphy flew to Chicago to participate in the Diversity Trial Advocacy Program.

Wisconsin Fellows Gathering, Milwaukee, October 29, 2023

President-Elect Rick Deane joined the Wisconsin Fellows for a Sunday gathering to watch the Green Bay Packers and Minnesota Vikings football game. State Chair Lester Pines arranged the event at a local sports bar in Milwaukee and about twenty Fellows and guests were in attendance. President-Elect Deane discussed the state committee’s efforts to identify candidates and encouraged discussion of younger and more diverse lawyers in trial practice for potential nomination. Unfortunately, the Vikings defeated the Packers, but the crowd still enjoyed the camaraderie among Fellows and demonstrated a deep affection for the College.

Alabama Fellows Dinner, Birmingham: November 2, 2023



President Murphy and his wife, Pat, traveled to Birmingham, Alabama for the Alabama Fellows Dinner. The well-attended event was held at the Birmingham Country Club with about seventy Fellows and spouses present. The food was delicious, and the conversations lively. State Chair Frank Stakely acted as MC and gave President Murphy a warm and humorous introduction. President Murphy spoke briefly, mostly to thank State Chair Stakely and Regent Bob MacKenzie for their great work, and to acknowledge the presence of Past Presidents Sam Franklin and Warren Lightfoot, who were in attendance with their wives, Betty and Robbie. The Fellows are looking forward to the Tri-State Regional Meeting in January.

Virginia Fellows Dinner, Richmond: November 2, 2023



The Thursday evening event was attended by twelve Fellows and a handful of their guests who enjoyed outstanding accommodations at The Boathouse at Rocketts Landing. Vice Chair John Lichtenstein and Past President Susan Harriman were on hand to discuss the continued efforts of the Virginia Chapter to increase candidate nominations. Past President Harriman also discussed the need for the College to remain vigilant about defending the independence of the judiciary.

Montana Fellows Meeting, Missoula: November 3, 2023

On November 3, President Murphy joined the Montana Fellows for a dinner at The Keep, a golf club restaurant on the top of a mountain overlooking downtown Missoula. State Chair Mikel Moore hosted the dinner and introduced President Murphy, who delivered remarks discussing the College’s strategic planning project, the Civics Education partnership with the National Constitution Center, and the Just The Beginning internships. Fellows enjoying the picturesque views of the surrounding golf course and mountains included Regent Carey Matovich, along with her husband Robert, and Judge Karen Townsend, Immediate Past Chair of the National Trial Competition Committee.  

Arizona Fellows Meeting and Jenckes Competition: November 17-18, 2023

President Murphy attended the Jenckes Competition in Phoenix, Arizona on the evening of November 17 (see Committee Spotlight for more details), which was attended by a large number of Arizona Fellows. The winning trophy was presented to the team from Arizona State University Sandra Day O’Connor School of Law. The next morning, President Murphy attended the state committee meeting and enjoyed the repartee between State Chair Laura (Lolly) Udall and State Committee Treasurer Burr Udall, her father. President Murphy spoke briefly on the standards of Fellowship, the work of the US Foundation and encouraged the committee to continue searching for qualified and diverse candidates.

The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the city is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

Colorado

Richard P. Holme, Denver, ’83, January 14, 2023

Florida

J. Richard Moore, ’83, Jacksonville, November 9, 2023

Massachusetts

Charles (Brownie) Swartwood, III, ’91, Cotuit, November 16, 2023

New Mexico

Bob Turner, ’81, Roswell, October 19, 2023

Nova Scotia

George W. MacDonald, ’00, Nova Scotia, September 17, 2023

Texas

Finis Cowan, ’75, Dickinson, November 15, 2023

Victor Hlavinka, ’85, Texarkana, November 2,2023

Glenn Sodd, ’93, Corsicana, November 12, 2023

Virginia

James Farnham, ’86, Richmond, November 15, 2023

Washington

Morris James (Jim) Bruckner, ’80, Freeland, June 24, 2023

Wyoming

Joseph Vlastos, ’87, Casper, November 14, 2023

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